18 ATTACHMENT 11 - Laserfiche WebLink

BACKGROUND: permits Required: On February 28, 1996, Tri-Valley'_Vlartial Arts Center received a Conditional Use Permit (CUP) from the Zo~g Administrator for a commercial recreational facility (martial arts studio) located at 7980 Amador Valley Boulevard. Tri-Valley Martial Arts Center moved to the current project location at 7233 Regional Street in 2001. The business was contacted by the Dublin Zoning Enforcement Division last year for illegal signs and for operating a martial arts studio at the new address without a valid CUP. The Applicant removed the signage and submitted an application for a CUP to legalize the use. The project area is within the C-1 (Retail Commercial) Zoning District, which requires a CUP to operate a martial arts studio and community facility pursuant to Section 8.12.050 of the Zoning Ordinance and which requires a CUP to reduce required parking pursuant to Section 8.76.OSO.E. The project location is a tenant space within the Ralph's Shopping Center, on Regional Street between Dublin and Arnador Valley Boulevards. The tenant space is approximately 4,200 square feet. As proposed, the martial arts studio and youth center would be used for child, youth and adult martial arts classes, ages four (4) and over, with class sizes of one (1) to 40 students, and would offer day, after-school and summer youth programs. The center proposes to have 2-S employees, depending on the number of students present. Business hours are 7:15 a.rn. to 9 p.m. Monday through Friday and 10 a.m. to 3 p.m. on Saturday. Tri-Valley Martial Arts Center provides transportation for children attending the program to and from the children's schools in the Center's 15-passenger van. In the past, contract transportation services were used for this purpose. However, the applicant has stated that the Center has discontinued this practice. Parents pick-up and drop- off their children at various times during the day also. The project is categorically exempt from CEQA under Section 15301, Class 1. Planning Commission Meeting: On July 22, 2003, the Planning Commission held a public hearing for the CUP application for Tri-Valley Martial Arts Center. The Planning Staff Report and Meeting Minutes for the Planning Commission meeting of July 22, 2003 are included as Attachment 2. Staff recommended that the Planning Commission approve the project subject to conditions of approval which addressed parking, student loading and unloading, site design, and health and safety. At the Planning Commission hearing, two persons spoke in support of the project, and one person spoke in opposition, raising concerns regarding the lack of licensing of the after-school, day and summer programs. Staff explained that the program is exempt from State of California Community Care Licensing Division requirements (included as Attachment 4 and discussed below). At the July 22, 2003 meeting, the project was unanimously approved by the Planning Commission subject to conditions of approval. Community Care Licensing Exemption: Tri-Valley Martial Arts Center is exempt from child care licensing requirements under. Section 101158 of the State of California Community Care Licensing Division's Evaluator Manual (included as Attachment 4), for Section 101158 of the California Code of Regulations, Title 22. The Center is categorized by the Community Care Licensing Division as a "drop-in recreation program for school-age children" because the children are allowed to come to the center and leave at will. The parents of the children attending the program sign a form letter (included as Attachment 4), which acknowledges that Tri-Valley Martial Arts Center is not a daycare and that the Center is not responsible for supervision and care of the children. In addition, this exemption is applicable in cases where a business or organization provides transportation for children, pursuant to Section 101158. 2 ~1